|
The judicial branch is one of three branches of government in the People's Republic of China, along with the executive and legislative branches. Strictly speaking, it refers to the activities of the People's Court system. The Chinese court system is based on civil law modeled after the legal systems of Germany and France, but with local characteristics. Constitutionally, the court system is intended to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. Yet the constitution simultaneously emphasizes the principle of the "leadership of the Communist Party."〔Human Rights Watch. ( Walking on Thin Ice ) April 28, 2008.〕 As stated by former SPC President Xiao Yang in 2007, "the power of the courts to adjudicate independently doesn't mean at all independence from the Party. It is the opposite, the embodiment of a high degree of responsibility vis-à-vis Party undertakings." 〔Xiao Yang, ("A correct concept of judicial authority is the proper meaning of rule of law" ) (正确的司法权威观是法治的应有之意," 中国法院网), China Court Daily, 2007-10-18〕 == Court structure == According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system: * At the highest level is the Supreme People's Court (SPC) in Beijing, the premier appellate forum of the land, which supervises the administration of justice by all subordinate "local" and "special" people's courts. It is the court of last resort for the whole People's Republic of China except for Macau and Hong Kong. * Local people's courts—the courts of the first instance—handle criminal and civil cases. These people's courts make up the remaining three levels of the court system and consist of "high people's courts" at the level of the provinces, autonomous regions, and special municipalities; "intermediate people's courts" at the level of prefectures, autonomous prefectures, and municipalities; and "basic people's courts" at the level of autonomous counties, towns, and municipal districts. * Courts of Special Jurisdiction (special courts) comprises the Military Court of China (military), Railway Transport Court of China (railroad transportation) and Maritime Court of China (water transportation), and forestry. The court system is paralleled by a hierarchy of prosecuting offices called people's procuratorates, the highest being the Supreme People's Procuratorate. Hong Kong and Macau have separate court systems due to their historical status as British and Portuguese colonies, respectively. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Judicial system of China」の詳細全文を読む スポンサード リンク
|